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Municipal Code of Chicago
MUNICIPAL CODE OF CHICAGO
TITLE 1 GENERAL PROVISIONS
TITLE 2 CITY GOVERNMENT AND ADMINISTRATION
TITLE 3 REVENUE AND FINANCE
TITLE 4 BUSINESSES, OCCUPATIONS AND CONSUMER PROTECTION
TITLE 5 HOUSING AND ECONOMIC DEVELOPMENT
TITLE 6 HUMAN RIGHTS*
TITLE 7 HEALTH AND SAFETY
CHAPTER 7-4 LEAD-BEARING SUBSTANCES
CHAPTER 7-12 ANIMAL CARE AND CONTROL
CHAPTER 7-16 BIRTHS AND DEATHS
CHAPTER 7-20 CONTAGIOUS AND EPIDEMIC DISEASES
CHAPTER 7-22 CONCUSSION INJURIES IN STUDENT ATHLETES IN CHICAGO SCHOOLS
CHAPTER 7-24 DRUGS AND NARCOTICS
CHAPTER 7-28 HEALTH NUISANCES
ARTICLE I. NUISANCES IN GENERAL (7-28-005 et seq.)
ARTICLE II. REFUSE (7-28-200 et seq.)
7-28-200 Definitions.
7-28-210 Refuse containers.
7-28-215 Commercial refuse containers - Permit required.
7-28-217 Commercial refuse containers and compactors; grease containers - Identification.
7-28-220 Duty to provide refuse containers and service.
7-28-225 Duty to provide compactors.
7-28-226 Zone of nonoperation.
7-28-227 Duty to provide refuse containers at construction or demolition sites.
7-28-230 Location of standard and commercial refuse containers.
7-28-235 City refuse collection - Fee.
7-28-240 Refuse removal.
7-28-250 Reserved.
7-28-260 Containers - Use.
7-28-261 Accumulation of refuse - Responsibility.
7-28-270 Contents of standard and commercial refuse containers and compactors.
7-28-280 Removal of contents.
7-28-290 Ashes.
7-28-300 Removal of restaurant garbage.
7-28-301 Grease containers.
7-28-302 Grease containers - Maintenance and removal.
7-28-303 Location of grease containers.
7-28-305 Location of grease containers on the public way.
7-28-310 Owner of business responsible for removal when - Violation - Penalty.
7-28-315 Removal of litter from a retail establishment's parking area.
7-28-320 Incinerators and ash chutes.
7-28-330 Sale of garbage prohibited.
7-28-331 Reserved.
7-28-340 Reserved.
7-28-350 Reserved.
7-28-360 Removal of refuse before vacation of premises.
7-28-370 Disposal of furnishings, bedding, clothing or other materials infested with bed bugs.
7-28-380 Refuse vehicles.
7-28-390 Dumping on public way - Violation - Penalty.
7-28-395 Construction debris on public way prohibited.
7-28-400 Disinfection of refuse vehicles.
7-28-410 Reserved.
7-28-420 Industrial refuse.
7-28-430 Decaying animal matter.
7-28-440 Dumping on real estate without permit - Nuisance - Violation - Penalty - Recovery of costs.
7-28-445 Reward program for information leading to a conviction or finding of liability for illegal dumping.
7-28-450 Unremoved motor vehicles, ashes, refuse, waste, debris and other materials - Owner responsible for removal - Nuisance - Violation - Penalty.
7-28-455 Unremoved motor vehicles, ashes, refuse, waste, debris and other materials - Substantial risk to the public - Nuisance - City authorized to remove - Notice - Violation - Penalty - Costs.
7-28-460 Substances that scatter in wind.
7-28-470 Refuse on roof or in areaway.
7-28-480 Inspection of roofs and areaways.
7-28-490 Roofers.
7-28-500 Removal of roofing refuse.
7-28-510 Objects that may damage tires - Illegal to dump on public way.
7-28-511 Definitions.
7-28-512 Application.
7-28-513 Waste management.
7-28-514 Treatment of infectious waste.
7-28-515 Transportation.
7-28-516 Management plan.
7-28-517 Responsibilities and enforcement authority.
7-28-518 Penalties.
7-28-519 Severability.
7-28-520 Additional penalty for violation of article.
ARTICLE III. RESERVED (7-28-530 et seq.)
ARTICLE IV. OFFENSIVE CHEMICALS AND SUBSTANCES (7-28-630 et seq.)
ARTICLE V. RAT CONTROL (7-28-660 et seq.)
ARTICLE VI. LOT MAINTENANCE (7-28-740 et seq.)
ARTICLE VII. VIOLATION OF CHAPTER PROVISIONS (7-28-800 et seq.)
ARTICLE VIII. BED BUGS. (7-28-810 et seq.)
CHAPTER 7-30 PLASTIC BAG AND FILM PLASTIC RECYCLING ORDINANCE
CHAPTER 7-32 CHICAGO CLEAN INDOOR AIR ORDINANCE OF 2008*
CHAPTER 7-36 TOY SAFETY
CHAPTER 7-38 FOOD ESTABLISHMENTS - SANITARY OPERATING REQUIREMENTS
CHAPTER 7-39 RESERVED*
CHAPTER 7-40 FOOD ESTABLISHMENTS - CARE OF FOODS*
CHAPTER 7-42 FOOD ESTABLISHMENTS - INSPECTIONS, VIOLATIONS AND HEARING PROCEDURES*
CHAPTER 7-44 EXTERMINATION BY FUMIGATION*
CHAPTER 7-50 WIRELESS COMMUNICATION
CHAPTER 7-51 CHICAGO PREPAID WIRELESS 9-1-1 SURCHARGE
CHAPTER 7-52 HOTEL AUTOMATED EXTERNAL DEFIBRILLATOR ORDINANCE
CHAPTER 7-58 EMERGENCY ENERGY PLAN
CHAPTER 7-59 NATURAL GAS EMERGENCY RESPONSE PLAN
TITLE 8 OFFENSES AFFECTING PUBLIC PEACE, MORALS AND WELFARE
TITLE 9 VEHICLES, TRAFFIC AND RAIL TRANSPORTATION
TITLE 10 STREETS, PUBLIC WAYS, PARKS, AIRPORTS AND HARBORS
TITLE 11 UTILITIES AND ENVIRONMENTAL PROTECTION
TITLE 12 RESERVED
TITLE 13 BUILDINGS AND CONSTRUCTION
TITLE 14 RESERVED*
TITLE 14A ADMINISTRATIVE PROVISIONS OF THE CHICAGO CONSTRUCTION CODES*
TITLE 14B BUILDING CODE*
TITLE 14C CONVEYANCE DEVICE CODE*
TITLE 14E ELECTRICAL CODE*
TITLE 14F FIRE PREVENTION CODE*
TITLE 14G FUEL GAS CODE*
TITLE 14M MECHANICAL CODE*
TITLE 14N 2022 ENERGY TRANSFORMATION CODE*
TITLE 14P PLUMBING CODE*
TITLE 14R BUILDING REHABILITATION CODE*
TITLE 14X MINIMUM REQUIREMENTS FOR EXISTING BUILDINGS*
TITLE 15 FIRE PREVENTION
TITLE 16 LAND USE
TITLE 17 CHICAGO ZONING ORDINANCE
TITLE 18 BUILDING INFRASTRUCTURE
APPENDIX TO THE MUNICIPAL CODE OF CHICAGO (RESERVED)*
TABLES
Chicago Zoning Ordinance and Land Use Ordinance
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ARTICLE II. REFUSE (7-28-200 et seq.)
7-28-200 Definitions.
   For the purposes of this chapter the following words and terms shall be understood as having the following meanings:
   "Ashes" means all ashes of wood, coal and coke; the residue resulting from the combustion of any material or substance, soot, cinders, slag or charcoal.
   "Dwelling unit" has the meaning ascribed to that term in section 17-17-0248.
   "Garbage" means rejected organic matter, household food, cooking grease or kindred refuse, manure, swill or carrion.
   "Grease container" means any container used for the storage, collection or removal of cooking grease or kindred refuse.
   "Junk" means old iron, chain, brass, copper, tin, lead or other base metals, old rope, old bags, rags, wastepaper, paper clippings, scraps of woolens, clips, bagging, rubber and glass, and empty bottles of different kinds and sizes when the number of each kind of size is less than one gross, and all articles and things discarded or no longer used as a manufactured article composed of, or consisting of, any one or more of the materials or articles herein mentioned. Junk includes items and materials stored for resale with no more processing than sorting, crushing or separation from other items and materials.
   "Litter" includes but is not limited to the following: (a) picnic or eating utensils, such as paper plates, cups, napkins, towels, plastic utensils, metal foil, cellophane, wax paper, paper bags or any food wrappings; (b) liquid or beverage containers such as beer, soft-drink and juice cans, beer, soft-drink, liquor and wine bottles, and milk or juice cartons; (c) tobacco and confection wrappers, such as cigarette packages, candy, ice cream, Popsicle, gum or any other type of dessert or confection wrapping or container; (d) food wastes, such as fruit or vegetable peelings, pulp, rinds, leftovers or any other type of table wastes; (e) newspapers, books, placards, handbills, pamphlets, circulars, notices or papers of any type; (f) or any other type of rubbish, garbage, refuse matter, article, thing or substance such as discarded clothing, boxes, dust, manure or ashes.
   "Litter basket" means any container suitable for the storage and collection of litter on the public way or private parking lot properties.
   "Manure" means the excrement of all domestic animals and fowl, stable bedding, and all hay, straw, shavings, grass and weeds, or leaves which have been used for stable or fowlhouse bedding.
   "Multiple dwelling" means a building that contains 2 or more dwelling units.
   "Occupational unit" means a property or part of a property designed, intended, or used for any business purpose other than a single dwelling or multiple dwelling.
   "Retail establishment" means each separate store location, whether or not affiliated with any other store location, where goods or services are offered for sale to the consuming public.
   "Refuse" means all garbage, junk, ashes, and all other rejected matter, rubbish, and dust.
   "Single dwelling" means a building that contains no more than one dwelling unit.
   "Unified statement of charges" has the same definition ascribed to that term in section 11-12-010,
(Prior code § 99-14; Amend Coun. J. 4-15-95, p. 67576; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 5-2-01, p. 57399, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2; Amend Coun. J. 2-10-16, p. 18540, § 1)
7-28-210 Refuse containers.
   (a)   Standard refuse container. The standard refuse container required by this chapter shall be a receptacle of impervious material and sturdy construction, with a tight fitting cover, and shall be provided by the department of streets and sanitation.
   (b)   Commercial refuse container. The commercial refuse container required by this chapter shall be provided or contracted for by the property owner or his agent or the occupant of an occupational unit, and shall be a leak-resistant, rodent-resistant, and lidded container which is constructed of impervious material and subject to the inspection of the department of health and the department of streets and sanitation.
   (c)   Refuse compactor. The refuse compactor required by this chapter shall be a leak-resistant and rodent-resistant container constructed of impervious material and capable of reducing the volume of waste contained within it a minimum of 65 percent, subject to the inspection of the department of health and the department of streets and sanitation, and provided or contracted for by the property owner or his agent, unless otherwise agreed to by the lease agreement.
(Prior code § 99-15; Amend Coun. J. 7-7-99, p. 6985)
7-28-215 Commercial refuse containers – Permit required.
   (A)   Definitions. For purposes of this section, the following terms shall have the following meanings:
   "Provider" shall mean the person who provides refuse collection services, and if applicable, the Disposal and Recycling Management Company as defined in Section 4-6-130, for a refuse container that has been provided for use at a requested location.
   "Refuse container" shall mean the commercial refuse container or refuse compactor described in Section 7-28-210 of the Code. However, "refuse container" shall not include a receptacle provided for the convenience of customers of a business establishment if no refuse collection service has been contracted for that receptacle.
   (B)   Permit required. It shall be unlawful for any provider to place, maintain or provide refuse collection services for a refuse container for use in the City of Chicago unless such provider shall first obtain a refuse container permit for that container.
   (C)   Application. An application for a refuse container permit shall be made to the Commissioner of Transportation. In addition to such other information as the Commissioner may require, the applicant shall state the name, address, container locations, container sizes and telephone number of the provider or providers of the refuse container. The information shall be updated periodically or otherwise as prescribed by the Commissioner of Transportation.
   (D)   Permit fee. Except with respect to refuse containers intended and used exclusively either: (i) for the collection of recyclable materials or (ii) by a unit of local government or school district that levies a property tax exclusively within the City of Chicago, as to which there shall be no permit fee, the permit fee for each refuse container permitted pursuant to this section shall be as follows:
      Type A (under one cubic yard).....$17
      Type B (one to two cubic yards)......$32
      Type C (two to 10 cubic yards).....$63
      Type D (over 10 cubic yards).....$164
      Type R (used exclusively for recycling).....no fee
   Beginning January 1, 2021, and each year on January 1st thereafter, this permit fee shall automatically be increased in proportion to any increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the Chicago metropolitan area, up to 2.5 percent in any one year, or in an amount that the Commissioner determines is supported by the costs associated with administering such permit. The Commissioner shall ensure that such permit fee is published on a publicly accessible website. A permittee shall also be responsible for additional charges above the cost of the permit fee as described in this section.
   The Commissioner of Transportation is authorized, by rule, to impose an additional technology surcharge of up to 10 percent of the above fees as may be necessary to administer data collection using the verification technology provided for in Section 7-28-217(a). Such surcharge shall be added to and payable as part of the permit fee. The permit shall be valid for a four-month period beginning on April 1, August 1, and December 1 of each year. In each year the permit fee shall be paid no later than the following dates, unless a different payment schedule is specified by the Commissioner of Transportation by rule:
      July 15 for the period beginning April 1.
      November 15 for the period beginning August 1.
      March 15 for the period beginning December 1 of the previous year.
   (E)   Enforcement. This section shall be enforceable by any one of the following: the Commissioner of Streets and Sanitation, the Commissioner of Transportation, the Commissioner of Business Affairs and Consumer Protection, or the Comptroller, or their respective designees. The Commissioner of Transportation shall have the authority to promulgate such rules as the Commissioner deems necessary or appropriate for the proper administration and enforcement of this section. The Comptroller may require that a provider produce such records and other information that the Comptroller considers necessary to determine compliance with this section.
   (F)   Penalties.
      (1)   Any person violating this section or any rule or regulation promulgated under this section shall be subject to a fine of not less than $250.00 nor more than $1,500.00 for each offense.
      (2)   Each day that a violation is permitted to exist shall constitute a separate offense. In addition, any refuse container not validly permitted may be removed by the city, and all costs associated with such removal shall be borne by the provider of the refuse container. The owner of a refuse container, if different from a provider, shall be jointly and severally liable with the provider for any violation of this section.
      (3)   Where a provider has contracted with a Disposal and Recycling Management Company ("company"), as defined in Section 4-6-130, for the provision of those services, the provider and the company shall be jointly and severally liable for the penalties provided by this section.
(Added Coun. J. 5-9-12, p. 27485, § 156; Amend Coun. J. 6-25-14, p. 82896, § 1; Amend Coun. J. 4-18-18, p. 75051, § 3; Amend Coun. J. 11-24-20, p. 24619, Art. VI, § 2)
7-28-217 Commercial refuse containers and compactors; grease containers – Identification.
   (a)   The owner of a commercial refuse container or compactor, or grease container, at a building where refuse is removed at the expense of the owner, his agent or occupant of the property, shall label the container with the following information: the address of the person using the commercial container; in the case of a business, the name of the business or businesses served by the container, and the name and telephone number of the person providing refuse collection service for that container; and, in the case of a residential building, the name of the person responsible for payment for refuse collection service for that container at the building. The labeling shall be indelible, in letters no less than one inch high, in a color that contrasts clearly with its background, placed on the vertical surface opposite the hinge of the container's cover. The container shall be placed during normal use so that the label is visible from the alley adjacent to the building served by the container. Said owner, in addition to or as part of affixing the required label, shall equip each container with a form of technology (by way of non-limiting examples, a bar code or wireless transmitting device), following approval of that technology by the commissioner of streets and sanitation in consultation with the commissioner of transportation, that enables authorized city personnel to (i) verify that the container is properly permitted, and (ii) ascertain other information specified by said commissioners that is relevant to the legal status of the container. Containers used exclusively for recycling shall be marked in a manner specified by the commissioner of transportation.
   (b)   No person shall cover, alter, obscure or remove the identifying label or technological device required under subsection (a) of this section.
   (c)   Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 7-13-94, p. 53272; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 10-3-01, p. 68141, § 2; Amend Coun. J. 5-13-09, p. 63017, § 2; Amend Coun. J. 6-25-14, p. 82896, § 1; Amend Coun. J. 2-10-16, p. 18540, § 1)
7-28-220 Duty to provide refuse containers and service.
   It shall be the duty of the occupant of every occupational unit to provide or contract to maintain in good condition and repair, unless otherwise provided for by lease agreement, sufficient commercial refuse container(s) and scavenger service to meet its waste generation and recycling needs, so as not to allow the container(s) to overflow.
   It shall be the duty of the licensed scavenger to maintain in good condition and repair such commercial refuse containers. Notwithstanding this requirement, and unless otherwise agreed to by the parties via contract, the occupant shall be liable for its usage of the container(s) and for notifying the property owner or his agent of the need for additional containerization or service, including recycling service.
   The owner or his agent of every multiple dwelling with five or more dwelling units, if not required to have a compactor under section 7-28-225 at the owner's or his agent's expense shall provide or contract for sufficient commercial refuse containers using a minimum standard of 1/4 cubic yard for each occupied dwelling unit per week, including container space for recyclable material. The 1/4 cubic yard requirement can be lowered if the multiple dwelling can verify a lower waste generation rate over a period of months. The commissioner of streets and sanitation shall have the authority to promulgate rules and regulations related to the cubic yard verification. If an owner of a multiple dwelling elects to contract for refuse pickup more than one time per week, the minimum cubic yard standard shall decrease accordingly.
   All refuse which is placed for collection service outside of the building must be kept in standard or commercial refuse containers or refuse compactors.
(Prior code § 99-16; Amend Coun. J. 7-7-99, p. 6985; Amend Coun. J. 2-9-11, p. 112120, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. IX, § 2)
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